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Showing posts from July, 2024

MOCKING THE PEOPLE : THE RIDICULOUSNESS OF POLITICAL APPOINTMENTS IN KENYA

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                                                                            Image on Google The modern administrative state has been charged with a noble responsibility of service delivery to the people. And in light of the sheer scale and complexity of services required by the citizenry in this age, it was always inevitable that professionalism within bureaucratic ranks would grow even more than the preceding governments that were in place before the turn of the 20th century. Thomas Woodrow Wilson argues in his distinguishable paper: The Study of Administration   that formerly, the government functions were relatively elementary, almost rudimentary. With the speedy entanglement of government business with interdisciplinary and technical fields, there was a growing   need for establishment of   specialistic bureaus managed by specialised bureaucrats for better execution of government mandate. Administration is the face of government, it is simply government in action and the most visi

GOVERNMENT’S DIRECTIVE ON ALL GOVERNMENT AGENCIES ADVERTISING THROUGH KBC, RADIO & TV; ECONOMICAL OR POLITICAL? … AND LEGAL ISSUES THEREIN

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                                                                  Image on Google On 8 th March 2024, the Permanent Secretary State Department of Broadcasting & Telecommunications, Professor Edward Kisiang’ani issued a directive that all Government agencies, Independent commissions & public universities should exclusively air their advertisements on and through the State owned Broadcasting Corporation; KBC(radio & TV) The directive aims', as averred by the PS, is; “…to align with the government’s policy of reviving the ailing public sector entities and ensuring that any public-private partnership is not skewed against public sector institutions [1] … and to revive and utilize its institutions going forward …” The directive herein also comes a month after the government made a similar issuance targeting the print media where it directed all ministries and parastatals to only advertise on MyGov that is then exclusively circulated by the Star Newspaper [2] . This a

IS THE CURRENT APPLICATION OF OXYGEN RULE A THREAT TO THE LEGAL PROFESSION?

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                                                    Image on Google In the wake of 2010, Kenya promulgated a new constitution that championed key developments in her legal system such as the Bill of rights, Devolved government, Leadership integrity and many more. In the legal practice, Article 159(d) of the Constitution of Kenya has since been dominant and hegemonic over the Courts decisions and dispensation of justice. The tenets of the Overriding Objective rule require justice to be affordable, expeditious and fair; a vehicle that has been used for Courts active case management. In the modern civil justice, (not only in Kenya) emphasis has therefore been put on substantive law as compared to order in the legal practice or the procedural laws. This is evident in various courts’ pronouncements and directions that has so far strengthened the wide application of the Oxygen rule. However, pertinent issues still arise from the application of this principle being the extent of the applic